The Court of Sessions for Greater Mumbai, in an order dated April 15, 2024, granted regular bail to Mohd. Nafees Mohd. Anees Shaikh (Applicant/Org. Accused) in connection with a case of assault and quarrel registered at the Shivaji Nagar Police Station. The bail application, Criminal Bail Application No. 937 of 2024, was adjudicated by Additional Sessions Judge A. A. Kulkarni, who ultimately found that the absence of prima facie evidence for a grievous injury, and thus the questionable applicability of Section 326 of the IPC, did not warrant the continued detention of the applicant. The case was registered as C. R. No. 278 of 2024 for offenses under Sections 326 (Voluntarily causing grievous hurt), 324 (Voluntarily causing hurt by dangerous weapons), 323 (Voluntarily causing hurt), 504 (Intentional insult to provoke breach of peace), and 506(2) (Criminal intimidation) of the Indian Penal Code (IPC), along with Section 37(1)(A) of the Maharashtra Police Act.

The incident that led to the charges occurred in two parts on April 1, 2024. According to the First Information Report (FIR), an initial scuffle took place around 3:00 PM between the applicant and the informant’s brother at L & T Powai, Mumbai. Later that evening, around 10:00 PM, the situation escalated when the informant, along with his cousin, went to the applicant near Ashiyana Hotel, Bainganwadi, Govandi, to confront him about the assault on his brother. This confrontation allegedly led to the applicant assaulting the informant and his friends, purportedly using a knife. During the altercation, the informant sustained injuries to his hand and shoulder, after which he and his cousin sought treatment at Sion Hospital.

The applicant, a 22-year-old carpenter, sought bail under Section 439 of the Code of Criminal Procedure, arguing that he had been falsely implicated. His defense, presented by Ld. Advocate Ms. Tahseen S. Shaikh, specifically challenged the application of Section 326 of the IPC, which pertains to grievous hurt. The defense contended that no prima facie case could be made under this serious section as the injuries sustained were not on any vital part of the body of the informant, nor did the available medical papers specify a grievous injury. The applicant assured the Court of his cooperation with the investigation and his willingness to abide by any conditions imposed, asserting that further detention was unnecessary.

The application was opposed by the Ld. Assistant Public Prosecutor (APP), Mr. J. N. Suryawanshi, who, along with the Investigating Officer, argued that since the applicant and the informant live in the same locality, releasing the applicant on bail carried a high possibility of evidence tampering and witness intimidation. They therefore prayed for the outright rejection of the bail plea.

After considering the submissions from both sides and reviewing the FIR, the Additional Sessions Judge A. A. Kulkarni highlighted a critical finding: “Prima facie, no grievous injury is mentioned in any medical certificate or medical paper.” This observation essentially weakened the core charge under Section 326 of the IPC, which carries a maximum sentence of life imprisonment or up to ten years, and is one of the primary factors courts weigh when considering bail applications. Concluding that the absence of a grievous injury diminished the necessity for the applicant’s continued custody, the Court ruled that the applicant could be released on bail subject to the imposition of stringent conditions.

Consequently, the Criminal Bail Application No. 937 of 2024 was allowed. The applicant, Mohd. Nafees Mohd. Anees Shaikh, was ordered to be released on bail upon furnishing a Personal Recognizance (P.R.) Bond and Surety Bond (S.B.) of Rs. 25,000/- along with one or more sureties in the like amount. The order included key conditions to ensure cooperation with the law and protection of witnesses: the applicant must attend the Shivaji Nagar Police Station as and when required by the Investigating Officer upon notice; he must furnish his residential address proof and contact numbers; he is prohibited from making any inducement, threat, or promise to any person acquainted with the facts of the case; and he shall not leave India without the Court’s prior permission. The Court also permitted a provisional cash bail for eight weeks, allowing time for the accused to arrange the surety. This decision demonstrates a judicial inclination to grant liberty when the severity of the alleged offense, based on the preliminary medical evidence, appears to be exaggerated or questionable.